Excelsior Correspondent
Srinagar, Mar 5: Jammu and Kashmir High Court today expressed its serious concern over non functional of Consumer Disputes Redressal Commission (CDRC) and Special Tribunal (ST) and directed the Government to make these institutions functional within three weeks.
The direction upon the Government followed with the submissions of an Advocate who submitted before the court that Consumer Disputes Redressal Commission has become defunct as neither the Chairman nor any member of the Commission till date has been appointed by the competent authority.
The Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey directed the Government to take immediate steps for filling the vacancies of Chairman and members of the Commission.
“We, accordingly, direct the respondent State through its Chief Secretary to take immediate steps for supplying the vacancies of Chairman and member of the Commission. The Commission shall be made functional within three weeks from the date copy of the order is received by the respondent state”, DB directed.
Court has also been informed that besides other cases, 1200 cases pertaining to the flood sufferers of 2014 devastating floods are pending before the commission and the people have been left without any redressal mechanism in view of non-operational and obsolete of the Commission as posts of the Chairman and members of the Commission are vacant.
Court after these submissions said that the executive wing of the Government is duty bound to provide redressal mechanism to the people for which legislative enactment is already in force.
“The litigant public cannot be left without redressal forum. Inaction on part of the respondent State in non-supplying of the vacancies of Chairman and member of the Commission tantamount to denial of the justice to the people of the State”, court further observed while expressing its anguish and displeasure over the act of authorities.
It is also brought to our notice that Jammu and Kashmir Special Tribunal is also non functional at Srinagar as its Chairman and other two members are working at Jammu whereas no member of the tribunal is available at Srinagar.
Court in this regard directed the Chairman of Tribunal to ensure that at least once in a week its court will hear the cases here at Srinagar and he (Chairman) in this regard shall make arrangement for the said purpose. “We direct chairman of Jammu and Kashmir Special Tribunal to ensure hearing of cases at least once in every week at Srinagar also. The chairman of the tribunal shall pass order in this behalf so that one of its members holds the court at Srinagar at least once in a week”, DB directed.
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